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Patna High CourtCR. MISC./34533/2020dismissed

Deepak Kumar @ Deepak Singh v. The State Of Bihar

2021-03-05Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34533 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== DEEPAK KUMAR @ DEEPAK SINGH, Son of NARENDRA SINGH Resident of Village - Jehanabad Kudra, Chaita Mohalla, P.S.- Kudra, Distt.- Kaimur (Bhabua) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2021 Heard Mr. Krishna Prasad Singh, learned senior Advocate for the petitioners and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in connection with Sasaram Rail P. S. Case No. 14 of 2020, dated 21.01.2020, instituted for offences under Sections 376 (D) of the Indian Penal Code and Section 67 (A) of the Information Technology Act, 2000.

Two persons are said to have boarded the train in which the prosecutrix was travelling. One of them committed rape on her whereas the other took film shots

Patna High Court CR. MISC. No.34533 of 2020(3) dt.05-03-2021 2/3 of the act. The person who was taking the video of the act was arrested by the police whereas the perpetrator of rape could manage to run away. This information was provided by the person who was caught by the police namely Virendra Prakash Singh. He has disclosed the name of the petitioner as the one who had committed rape on the victim and had managed to run away. The learned counsel for the petitioner has submitted that though the look of the case is bad but the implication of the petitioner in this case is only the basis of a confession of an arrested accused person. Be that as it may, regard being had to the nature of accusation against the petitioner, I am not inclined to grant bail to him.

The prayer for bail is rejected.

However, taking into account the period of custody of the petitioner which is from 22.01.2020, this Court directs the trial court to conclude the trial expeditiously, preferably within a period of one year

Patna High Court CR. MISC. No.34533 of 2020(3) dt.05-03-2021 3/3 from the date of production/receipt of a copy of this order.

(Ashutosh Kumar, J) skm/- U T